Is my son eligible to apply to settle in the UK with me

[Cindy666]

Dear Madam/Sir,

I know I am eligible to apply to settle in the UK in Sep 2020, as I hold a Tier 2 (General) visa and will be living and working in the UK for 5 years till Sep. 2020.
My son, who is now 18 years old and holds a Tier 2 dependant visa, has been living and educated in the UK since Dec. 2015. He is now studying at A-level and will go to an university in Sep. 2020.
My question is if my son is eligible to apply to settle in the UK with me in Sep. 2020, given his father is not eligible to apply.

I would be much appreciated if you could give me an answer to my question.

Regards,
Cindy

[zimba]

No. A PBS child dependent born outside the UK can only get ILR when both parents are granted ILR. He also must show that he is not living an independent life when that happens

[Cindy666]

Dear Zimba,

Much appreciation for your prompt response.
May I please further ask if my son can still apply to a PBS child dependent visa after I get ILR, if we can show that he is not living an independent life?

Thank you so much.
Cindy

[zimba]

Yes as he has been a PBS dependant before turning 18

[Cindy666]

Dear Zimba,

Thanks so much for your reply.
I understand I will be eligible to apply an ILR in 2020, but I still have a query about it. If you could help on my query, I would be much appreciated.

Here is my case.I am not holding a permanent Lecturer position in a UK institute. The information about my Residence Permit Card is:

Tier 2 General Leave to Remain: 27 Aug 2015 - 31 Jan 2018
Tier 2 General Leave to Remain: 26 May 2017 - 14 Aug 2020 (change a role in the same institute)

The HR colleagues of my institute told me they will issue me a 1-year sponsorship letter in May 2020 so that I can extend my Tier 2 visa to cover the 13 days (from 14 to 27 Aug 2020) before I can have 5 years working in UK, and further apply an ILR visa within the year.

My question is: can I directly apply an ILR before the expiry date 14 Aug 2020 using the 1-year sponsorship letter?

Look forward to your reply. Thank you so much.

Regards,
Cindy

[CR001]

You don't need an extension so not sure why you believe you do.

You can apply for ILR no sooner than within 28 days before 27th August 2020. You need a valid visa at the time you APPLY. It does not have to be valid till after the 5 year mark.

[Cindy666]

Oh, that's great. I am actually not sure if I need an extension. That is what my HR colleague told me.

I just noticed one confusion that I need to check with you if you would help:

My Tier 2 visa shown in my passport is valid from 01 Sep 2015, while my first Tier 2 Residence Permit Card was placed and issued on 27 Aug 2015. So which date should I be in line with? Thank you

Regards,
Cindy

[zimba]

It is the date of visa approval which in your case is reflected on your BRP.

[Cindy666]

Thank you so much with the help answering my questions. Pretty much appreciated.

[Cindy666]

Hi, I apologise I posted my question in a wrong place. Thanks for sending me the link of my post location.

In terms of your answer to my previous question, may I further ask one more question?
I hold UK Tier2 work visa, my son holds Tie2 dependant visa. I am now applying to ILR. Then will my son still apply to Tier2 dependant or ILR dependant visa? How long will the dependant visa be granted? Same as my ILR?

Thanks in advance.

[CR001]

Tier 2 dependent visa if you are applying for ilr based on 5 years tier 2.

[Cindy666]

Thanks for the quick response.
While if I resign at some time after I get ILR, would it influence my son's Tier 2 dependant visa?

[vinny]

No. A PBS child dependent born outside the UK can only get ILR when both parents are granted ILR. He also must show that he is not living an independent life when that happens

What’s the status of other parent?
Or are you a single parent?

[Cindy666]

Hi, thanks for looking through my case.
My parents-in-law are very ill for many years in my hometown, they lived with us before I got the job in UK. As they need family's care, my husband has to be with them and takes care of them everyday. Therefore, my husband is not eligible to apply ILR currently. We just join together at most 3 months per year during these 5 years that I work in UK. My son is with me in UK since Dec. 2015.

[vinny]

If you have sole responsibility, then child may apply for ILR at the same time. KoLL required, etc.

[Cindy666]

Thanks for your suggestion. Does the sole responsibility mean after my son moved to UK in Dec. 2015 or since he was born? We three lived together in my hometown before I got the current job in UK in Sep. 2015. Then my husband accompanied my son to join me in Dec. 2015. After that, my son lived with me for now. My husband returned to my hometown in Feb. 2016. From that time, we joined together in either UK or my hometown only 2-3 months per year.
My concern is how my son will apply his visa if I get ILR (I am sure I am now eligible to apply ILR based on 5 years Tier 2), what type of visa he should apply to?

[Cindy666]

Following my query, as you suggested my son should apply Tier 2 dependant. Then should I add his Tier 2 dependant application in my ILR application together or he should apply separately? Would be appreciated if you could suggest me on this.

[vinny]

You may have had Sole responsibility since when you were living with your son in the U.K. without your husband. There is also another possibility for ILR, where

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

Please click on the links in the previous post for more information.

Did your son previously apply as your dependant without your husband?

[vinny]

See also ILR Tier2 PBs dependant topic and Obie’s post.

[Cindy666]

Vinny, thanks for your response.

Yes, my son has successfully applied Tier2 PBS dependant visa without my husband in May 2017 within the UK. My husband was outside UK at that time.

My husband and my son got Tier 2 PBS Dependant during 07 Dec. 2015 - 31 Jan. 2018. After that my husband got Type C visa Multiply entries with 180 days from Oct. 2017 to Oct. 2019.

As I changed my working role in Aug 2017, I had to apply new Tier 2 visa in May 2017. So my son got a new Tier2 dependant without my husband in May 2017. The new visa was valid during 26 May 2017 to 14 Aug. 2020.

As my working contract started from 24 Sep. 2015 and my Tier 2 visa was invalid on 14 Aug. 2020, I had to extend my Tier 2 before applying ILR. I've applied to extend my Tier 2 and my son's Tier 2 dependant visa in end of May 2020. Our visa extension application are still under processing due to COVID. Our pending visas are supposed to be valid due to 23 Sep 2021. Now I think I am eligible to apply ILR.

Considering my case, would you gave me an advise on my son's visa application when I apply ILR? Thank you so much. I will also read through the link you sent. Thanks again.

[vinny]

Similar to the ILR Tier2 PBs dependant topic, if you are eligible for ILR, then I believe that he may apply for ILR too, subject to KoLL, etc.

[Cindy666]

Thank you so much, Vinny. I will try to apply ILR together with my son. I know my son has to take the test of 'Life in the UK' before applying to ILR. While can I please further ask about the knowledge of English test?

My son studied GCSE and A-Level in NI. He is going to Uni in Sep. 2020. He got GCSE English Language with C awarded by CCEA. Does this meet the requirement for Knowledge of English?

[vinny]

He also requires B1 English test.

[Abg85]

How you have obtained visa without your partner visa and without sole responsibility. Have you submitted any proof from your partner to prove Serious & Compelling Reason such as letter from your partner etc?

[Abg85]

Similar to the ILR Tier2 PBs dependant topic, if you are eligible for ILR, then I believe that he may apply for ILR too, subject to KoLL, etc.

Vinney,
I think cindy666 may have obtained some consent letter from the parner by allowing the son to stay with her along with some supporting documents from the partner regarding his absence and his difficulties to take care the son in his home country. Otherwise HO will not issue visa without having a valid visa of both parents or without having court order document to prove sole responsibility . The immigration rules are very clear on it. The years of stay together will not be sufficient to prove sole responsibility, the sole responsibility can be proved only with court order and the same will be very difficult if both parents were involved in the upbringing of child.